Divorce Procedure in Nepal refers to the legal dissolution of marriage under Nepali law. Governed by the National Civil Code, 2074 (2017), the divorce process is designed to resolve marital disputes and officially terminate the marital relationship through court proceedings.

Governing Law for Divorce in Nepal

The legal provisions for divorce in Nepal are outlined in:

• National Civil Code, 2074 (2017) – Part 3: Family Law, Chapter 3 (Sections 93 to 104)

This framework defines the types, procedures, and legal grounds for divorce, along with provisions for alimony, child custody, and property partition.

Types of Divorce in Nepal

Nepali law recognizes two types of divorce:

Divorce Through Mutual Consent:

Both husband and wife agree to terminate their marriage.

Divorce Without Mutual Consent:

Initiated by either party, with or without the agreement of the other spouse.

Divorce Procedure in Nepal

1. Divorce Through Mutual Consent

As per Section 93 of the National Civil Code, this process is straightforward and quick.

Steps to File Divorce by Mutual Consent:

• File the Petition: Submit the application in the concerned district court.
• Reply from Other Party: The spouse replies to the petition, agreeing to the divorce.
• Issuance of Divorce Certificate: The court issues the certificate on the same day.

Timeline: 2 to 3 working days.

2. Divorce Without Mutual Consent

Sections 96 to 98 govern the procedure for filing divorce without mutual agreement.

Steps to File Divorce Without Consent:

• File the petition in the concerned district court.
• Court sends notice of the petition to the other party.
• The receiving party submits their reply within the court’s timeline.
• Mediation is conducted to resolve disputes (typically within 1 month).
• If mediation fails, the court examines evidence and witnesses.
• Final judgment, including decisions on property partition and child custody.

Timeline: 9 to 12 months.

Required Documents for Divorce

To file for divorce in Nepal, the following documents are needed:

• Citizenship certificates of both spouses.
• Marriage registration certificate (or photos of marriage rituals, if unavailable).
• Citizenship or birth certificates of children (if applicable).
• Two passport-size photos of each spouse.
• Additional evidence to support claims (if required).

Partition of Property During Divorce

Section 99 of the National Civil Code specifies property division before finalizing divorce:

• Partition: Must be completed before divorce.
• Alimony/Expense: If partition takes time, the court may grant alimony to the wife based on the husband’s property and income.
• Opting for Lump Sum/Monthly Support: A wife may request a lump sum, annual, or monthly expenses instead of property.

Grounds for Divorce in Nepal

For Husband (Section 94):

• Wife lives separately for 3+ years without consent.
• Wife deprives him of maintenance or expels him from home.
• Wife commits acts causing severe physical or mental harm.
• Wife is proven to have had sexual relations with another person.

For Wife (Section 95):

• Husband lives separately for 3+ years without consent.
• Husband deprives her of maintenance or expels her from home.
• Husband commits acts causing severe physical or mental harm.
• Husband marries another woman.
• Husband is proven to have had sexual relations with another woman.
• Husband commits marital rape.

Child Custody After Divorce

Child custody arrangements depend on the child’s age:

• Below 5 Years: Custody remains with the mother (regardless of her remarriage).
• Above 5 Years: Generally under the mother’s custody unless she remarries.
• 10 Years and Older: The child’s opinion is considered by the court.

Re-Marriage After Divorce

Parties can re-marry only after their divorce is legally concluded. The prior marriage must be terminated through a court-issued divorce certificate.

Recognition of Divorce in Foreign Countries

The divorce certificate issued by a Nepali district court is globally recognized. To authenticate the certificate for use abroad:

• Notarize the document through the Department of National Personal Record.
• Attest the document through the Ministry of Foreign Affairs, Nepal.

Time Limitation to File Divorce

As per Section 104 of the National Civil Code, the lawsuit must be filed within 3 months of the cause of action or knowledge of such action.

Disclaimer

This article, published by S & S Jurists, is for informational purposes only and should not be considered legal advice. For professional assistance regarding the Divorce Procedure in Nepal, contact us directly.